JUDGMENT 1. - Heard learned counsel for the petitioner. 2. The present revision petition arises from the order dated 18.04.2013 passed by the executing court, whereby, the application filed by the petitioner-judgment debtor for dismissal of the execution proceedings as time barred has been rejected and the Court has straightaway ordered for issuing warrant under Order 21, Rule 35 CPC. 3. The case of the petitioner is that the so called offending construction was existing at the time of passing of the decree on 02.12.1985, which has been noticed at page 2 of the judgment and a specific decree in the following terms was passed:- " ;fn mDr LFky ij izfroknh }kjk dksbZ fuekZ.k djk fy;k x;k rks izfroknh mls Lo;a gVk ys vFkok izfroknh ds O;; ij oknh mDr voS/k fuekZ.k dks gVk ldrk gSA " 4. As such, the execution proceedings for removal of the said construction on 02.03.2013 were barred by limitation. 5. From the perusal of the order impugned, it is apparent that the trial court has rejected the application for dismissing the execution proceedings and has thereafter straightaway ordered for issuance of warrant under Order 21, Rule 35 CPC, which procedure is apparently faulty. The trial court was required to hold an inquiry regarding the existence of construction at the time of passing of the decree or as to whether any construction has taken place subsequent to the passing of the decree, no such consideration appears to have been made by the executing court. 6. In view thereof, though the order of dismissal of the application of the petitioner at the threshold is not interfered with. However, it is directed that the trial court shall first determine about the existence of the construction at the time of passing of the decree and/or the same coming into existence any time subsequent thereto and thereafter proceed with the execution. Till such time that such determination is made by the executing court, the warrant shall not be executed against the petitioner. 7. With these observations, the revision petition is disposed of. The stay application is also disposed of.Petition Disposed of. *******